Lawyer for Criminal Law in Vienna

In Austria, criminal offenses are subject to punishment in accordance with the Austrian Criminal Code (Strafgesetzbuch, StGB). In essence, a distinction is drawn between fines, which are assessed in daily rates up to a maximum of 720 daily rates with a maximum amount of EUR 5,000 per daily rate, and prison sentences, which can range up to a maximum of 20 years or life imprisonment. The severity of the punishment depends on the penalty range of the respective offense, the guilt of the offender and the severity of the crime committed. The criminal court also considers aggravating and mitigating factors when sentencing. Special provisions can be found in juvenile criminal law, where offenses are punished with significantly more lenient penalties.

The rights of the accused that every accused has in criminal proceedings are regulated in the Code of Criminal Procedure (Strafprozessordnung, StPO) and listed in Sec 49 StPO. The most significant rights of the accused include the following: Every accused person is entitled to be informed of the subject matter of the suspicion held against them and of their fundamental rights in the proceedings (Sec 50 StPO). The right to access the files (Sec 51 StPO) is one of the most important rights of the accused and gives the accused the opportunity to find out about the specific allegation and the results of the investigation and main proceedings to date. Furthermore, every accused individual is entitled to choose a defense counsel and to have him or her present during interrogation in order to receive legal support and representation (Sec 58 StPO).
It is also of central importance to consider the rights to submit motions of evidence (Sec 55 StPO) and to lodge a complaint (Sec 87 StPO) or an objection due to legal violations (Sec 106 StPO). In addition, there are numerous other rights to which an accused is entitled in criminal proceedings and knowledge of these rights is essential for an effective defense against criminal charges.

A criminal conviction not only results in imprisonment or a fine, but also leads to an entry in the criminal record, even for relatively minor penalties, which can have a considerable negative impact on your professional future and job search. A sentence of more than six months’ imprisonment for an offense in the area of commercial criminal law (e.g. fraud, embezzlement, fraudulent insolvency etc) also leads to so-called disqualification under company law. This implies that the convicted person may no longer be a managing director of a GmbH or a member of the board of directors of an AG for a period of three years (Sec 15 para 1a GmbHG and Sec 75 para 2a AktG).
In numerous professional fields, a criminal conviction can also result in disciplinary consequences, which may ultimately lead to the individual’s removal from the respective professional list and thus a prohibition on practicing the profession. In the healthcare sector, this pertains to doctors, dentists and pharmacists, among others. In the business world, it encompasses lawyers, notaries, auditors and tax consultants, among others.

If you are accused of having committed a criminal offense, it is important to remain calm and not make any premature statements. As an accused, you have the right to remain silent and should exercise this right before consulting a lawyer. Contact a lawyer specializing in criminal law immediately – preferably before your interrogation – who will protect your rights, inspect the files and work with you to develop a tailor-made defence strategy. To avoid making unnecessary mistakes, do not provide information about the facts of the case until you are familiar with the criminal file and have obtained criminal legal advice.